The Court of Appeals says the government's motion failed to present any new and substantial argument that would justify the reconsideration of the earlier ruling
Search Warrant No. 6044 is valid as it satisfied the requirement of specificity
A search warrant is severable, and that a general description of some items will not invalidate the entire warrant Inconsistent testimonies of witnesses in the application for the search warrants do not affect the probable cause finding of the public respondent judgeHowever, the motion failed to present any new and substantial argument that would justify the reconsideration of the earlier ruling, the CA noted. The court added that the filing of an MR does not impose on the CA “the obligation to discuss and rule again on the grounds relied upon by petitioner.
The appellate court added that the issue raised on the inconsistent statements and testimonies of the witnesses, including the improper implementation of search warrants, “had been considered, weighed, and passed upon by the Court in its Decision.” The CA reiterated that the MR does not impose on the court the obligation to deal individually and specifically with the grounds raised in the case.
Judge Quisumbing-Ignacio said the search warrant issued by Quezon City Judge Cecilyn Burgos Villavert was null and void, so the firearms and explosives allegedly seized from the two were inadmissible or could not be used as evidence.
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